Judge's ruling opens door for Michigan juvenile lifers

Jan. 30, 2013
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Attorney Deborah Labelle, who filed a lawsuit against Michigan in November 2010 on behalf of several prisoners who were sentenced as juveniles, hailed the decision. (Gannett, Susa Tusa/Detroit Free Press) / Susa Tusa, Detroit Free Press

by L.L. Brasier, Detroit Free Press

by L.L. Brasier, Detroit Free Press

DETROIT -- Michigan's laws that send juveniles who were convicted of murder and sentenced to life in prison are unconstitutional, a federal judge ruled Wednesday, ordering that the 350 juvenile lifers in the state have a chance at parole.

In issuing his ruling, Judge John Corbett O'Meara noted that the U.S. Supreme Court ruled last year that juveniles can't be treated as adults, and as such, can't be sentenced as adults to life behind bars.

A recent ruling by the Michigan Court of Appeals said the decision did not apply retroactively.

O'Meara disagreed.

"Indeed, if there ever was a legal rule that should, as a matter of law and morality be given retroactive effect, it is the rule announced (by the U.S. Supreme Court)," O'Meara wrote. "To hold otherwise would allow the state to impose unconstitutional punishment on some persons but not on others, an intolerable miscarriage of justice."

At issue in Michigan is how to apply the Supreme Court decision that struck down mandatory no-parole sentences for those who were under 18 when they committed crimes, mostly murder. Michigan has more than 350 prisoners in that category.

Compliance with the Supreme Court decision "requires providing a fair and meaningful possibility of parole to each and every Michigan prisoner who was sentenced to life for a crime committed as a juvenile," O'Meara said.

Attorney Deborah Labelle, who filed a lawsuit against the state in November 2010 on behalf of several prisoners who were sentenced as juveniles, hailed the decision.

"It is a big win for us," she said. "As of this moment, every juvenile and those convicted as juveniles serving life are parolable."

O'Meara ordered that Labelle submit a motion describing the criteria the parole board will have to follow in determining parole for those behind bars. That motion is due March 1.

The issue is still being litigated in state courts, and it's unlikely any juvenile lifers will be re-sentenced soon. The appellate court's decision that the ruling does not apply to current prisoners is being challenged in the Michigan Supreme Court.

But O'Meara's ruling gives ammunition to hundreds of defense attorneys throughout Michigan who are challenging the court of appeals decision and are preparing to take their cases to circuit courts.

Attorney Robyn Frankel, who is representing a 37-year-old woman who was convicted of murder at age 17, is filing a motion in Oakland County Circuit Court in February, asking for a re-sentencing.

"Look, I can go in and say, the U.S. Supreme Court and a federal judge say this is wrong, this is cruel and unusual punishment," Frankel said. "And that it is time to end this."